RAKESH TIWARI, J. - (1.) HEARD Sri Shailendra, Counsel for the petitioner and Sri Pradeep Kumar for the respondents.
(2.) THE petitioners is aggrieved by the orders dated 5.11.2007 and 7.1.2008 passed by Deputy Registrar, Firms, Societies and Chits, Agra, Annexure No. 9 and 16 to the writ petition and has prayed that the impugned notification dated 13.12.2007 published on 15.12.2007 in Hindi newspaper 'Amar Ujala', Annexures 10 and 11 may be stayed. A further relief has been sought by the petitioner for a writ of man ­damus directing the respondents to hold election in accordance with section 25 (2) of the Societies Registration Act 1860 read with Bye Law 1 -Gha under the head 'Prabandh Vyavastha' and not to allow the members to vote in the elec ­tion who have deposited five years membership fee at one time after 30.11.2006 which was the cut -off date for membership i.e. subsequently after term of the committee of management. It is also prayed that election may be conducted by person other than Deputy Registrar who is alleged to be in collu ­sion with respondent No. 5 and his associates, rather it may be held under the supervision of the District Magistrate or his nominee or nominee of the Registrar at Lucknow within the time frame fixed by this Court in accordance with law.
(3.) YET another prayer in the nature of mandamus is sought directing the respondent No. 2 to examine the issue in regard to fake and illegal membership as according to the petitioner initiation of election proceedings by the Deputy Registrar is contrary to decision of the Division Bench rendered in Special Appeal No. 892 of 2007, Anurag Jain and others v. State of U.P. and others. It is also prayed that the election should be held in consonance with the bye -laws and not contrary to it.;